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Judgment
The applicant is serving in the office of the respondents as a Nursing Orderly since the year 2011. During the year 2019, she met with an accident and, as a result thereof, suffered disability in both her legs and was declared 100% disabled. The applicant figures at Serial No. 398 in the final seniority list and was within the zone of consideration for promotion to the post of Dresser.
Learned counsel for the applicant submits that the respondents have ignored the claim of the Central Administrative Tribunalapplicant and have instead promoted another employee belonging to the PH category, figuring at Serial No. 630 in the seniority list, who is admittedly junior to the applicant. It is submitted that the applicant, through her counsel, served a legal notice upon the respondents on 28.04.2026, but no response has been received thereto.
Aggrieved by the inaction of the respondents, the applicant has approached this Tribunal.
Learned counsel for the applicant, at the outset, submits that the respondents have ignored the senior PH category candidate, i.e. the applicant, and have promoted a junior employee, who has thereby stolen a march over the applicant.
Learned counsel for the respondents appears on advance notice and submits that the present OA is premature, as the period of six months from the date of the representation has not yet expired.
We have considered the submissions made by the Central Administrative Tribunal learned counsel for the parties.
It is noticed that the impugned office order promoting the junior employee is dated 17.04.2026. Immediately thereafter, the applicant caused a legal notice to be served upon the respondents on 28.04.2026. Nearly five months have elapsed since the said representation/legal notice was submitted, yet the respondents have neither responded to the same nor taken any decision thereon.
In the facts and circumstances of the case, and having regard to the provisions of Section 20 of the Administrative Tribunals Act, 1985, we deem it appropriate, at this stage, to grant one opportunity to the respondents to consider and decide the representation of the applicant, without entering into the merits of the claim raised in the present OA.
Accordingly, the respondents are directed to consider the legal notice dated 28.04.2026 submitted Central Administrative Tribunalby the applicant. The present OA shall also be treated as a representation/legal notice for the said purpose. The Competent Authority amongst the respondents shall consider the claim of the applicant and pass a reasoned and speaking order thereon, in accordance with law, within a period of four weeks from the date of receipt of a certified copy of this order. Needless to mention that we have not commented upon the merits of the claim of the applicant.
With the aforesaid directions, the OA stands disposed of. Pending MA, if any, also stands disposed of. There shall be no order as to costs.